wordpress theme utf-8 encoding issue

I’ve been learning how to create a validated wordpress theme. So far I have reached a point where my code passes validation.

Code so far:

[127 lines of code moderated as per the Forum Rules. Please use the pastebin]

So far it has passed validation but I keep receiving that annoying warning about the Byte-Order Mark (BOM):

Using Direct Input mode: UTF-8 character encoding assumed

Unlike the “by URI” and “by File Upload” modes, the “Direct Input” mode of the validator provides validated content in the form of characters pasted or typed in the validator’s form field. This will automatically make the data UTF-8, and therefore the validator does not need to determine the character encoding of your document, and will ignore any charset information specified.

If you notice a discrepancy in detected character encoding between the “Direct Input” mode and other validator modes, this is likely to be the reason. It is neither a bug in the validator, nor in your document.

Is there anyway to change my wordpress sql engine to UTF-8 without BOM?

Help will be so greatly appreciated.